Advice re Pofa

bod1467

No it won't - it should be but it won't.

old_sweat

Further to my question regarding the non-compliance of POFA as an automatic win, I am currently preparing and researching for the POPLA appeal and came across this POPLA judgement (#1380 on POPLA decisions and thanks to KOP1TE) -
The results of my appeal against Minster Baywatch:-

Reasons for the Assessor’s Determination
The appellant has at no point admitted being the driver, there is no evidence that he was, and he has not named the driver and provided a serviceable address. Therefore, the appellant’s only liability is as the keeper, which means that the requirements of Schedule 4 of the Protection of Freedoms Act 2012 must be complied with. I find that the operator has failed show that they have produced a ‘notice to keeper’ which complies with the requirements of paragraph 8 of Schedule 4.

The operator must produce evidence that such a notice has been produced regardless of whether the issue is raised by the appellant, as the liability is not based in the law of contract but is created by the statute. Specifically, the ‘notice to owner’ is not shown to comply with sub-paragraph 2(g) by informing the keeper of the arrangements for the resolution of disputes or complaints. This is because neither mention, as specified by sub-paragraph 8(b), any arrangements by which disputes or complaints may be referred by the keeper to independent adjudication or arbitration. Therefore, as no compliant notice to keeper has been shown to exist, and the appellant does not admit to being the driver, the charge notice has not been shown to be enforceable against the appellant.
Accordingly, the appeal must be allowed.
Christopher Monk
Assessor

I haven't noticed any other POPLA wins on this matter - surely there are no end of breaches by the operators which should produce this result so how come we don't seem to see them?